Page:1922 Constitution of Nigeria (Clifford Constitution).pdf/4

4508 THE LONDON GAZETTE, 29 JUNE, 1923. the Colony and Protectorate of Nigeria, with the advice and consent of the Council, so far as the provisions thereof relate to the Colony and to the said Provinces;

(b) That subject to the foregoing proviso the provisions of the Nigeria Protectorate Order in Council, 1922, relating to the making and establishing of Ordinances by the Governor of the Protectorate for the Northern Provinces thereof, shall apply to all Ordinances made under the authority of this article in all respects as if they were made under the authority of the said Nigeria Protectorate Order in Council, 1922.

XXV. If any Ordinance passed under the provisions of either of the two preceding Articles shall be in any respect repugnant to the provisions of any Letters Patent or of this Order or of any other Order made by His Majesty in Council, such Ordinance shall be read subject to such Letters Patent or Order, and shall to the extent of such repugnancy be absolutely void.

Nothing in this Order contained shall be construed to diminish or affect the powers of making Ordinances conferred upon the Governor, with the advice and consent of the Council, and upon the Governor of the Protectorate, or to confer any power upon the Council of making any Ordinance affecting the Northern Provinces of the Protectorate, save as provided in the preceding Article, or upon the Governor of the Protectorate of making any Ordinance affecting the Colony and Southern Provinces of the Protectorate.

XXVI. The Governor shall transmit to the Chief Justice of Nigeria, to be enrolled in the Supreme Court, a transcript, authenticated under the Public Seal and by his own signature, of every Ordinance made by the Governor under the provisions of the Nigeria Protectorate Order in Council, 1922, and of every Ordinance passed by the Governor, with the advice and consent of the Council, and of every Bill reserved by him for the signification of His Majesty’s pleasure. He shall also from time to time transmit to the Chief Justice, to be enrolled in the said Court, a certificate, under his hand and seal, of the effect of every Order or other direction which he may have received from His Majesty for confirming or disallowing the provisions of any such Ordinance or Bill which certificate shall in like manner be enrolled in the said Court, and there remain on record to the intent that the Judges of the said Court may, without further or other proof, take cognizance of all Ordinances made and promulgated for the peace, order, and good government of the Colony and the Protectorate, or any part thereof: Provided always that the Judges of the said Court have not, and shall not have, any right or authority to prevent or delay the enrolment of any such Ordinance or Bill, and that the validity thereof does not and shall not depend upon such enrolment.

XXVII. The Governor, if present, or, in the absence of the Governor, such Member of the Council as the Governor shall from time to time appoint, or in default thereof or in the absence of such Member, the Member present who stands first in order of precedence, shall preside at the meetings of the Council.

XXVIII. Every Member of the Council may, upon due notice being given, propose any Ordinance or resolution which does not impose any tax or dispose of or charge any part of the public revenue.

XXIX. No Member of the Council may propose any Ordinance, vote or resolution the object or effect ow which is to impose any tax or to dispose of or charge any part of the public revenue, unless such Ordinance, vote, or resolution shall have been proposed by the direction or with the express sanction of the Governor.

XXX. The Council shall not be disqualified for the transaction of business by reason of any vacancy or vacancies among the Members, but no business except that of adjournment shall be transacted unless there shall be present at least ten Members besides the Governor or other presiding Member.

XXXI. Subject to the provisions of this Order the Governor and the Council shall, in the transaction of the business of the Council, and the passing of, assenting to, and enrolment of Bills or Ordinances, conform as nearly as may be to the directions contained in any Instructions under His Majesty’s Sign Manual and Signet which may herewith or hereafter be addressed to the Governor in that behalf; but no Ordinance enacted by the Governor, with the advice and consent of the Council, shall be invalid by reason that in the enactment thereof any such Instructions were not duly observed.

XXXII. The Sessions of the Council shall be held at such times and places as the Governor shall from time to time by proclamation appoint. There shall be at least one Session of the Council in every year, and there shall not be an interval of twelve months between the last sitting of one Session and the first sitting of the next following Session. The first Session shall be held within six months from the coming into operation of this Order.

XXXIII. The Governor may at any time, by proclamation, prorogue the Council.

XXXIV. All questions proposed for debate in Council shall be decided by the majority of votes, and the President shall have an original vote in common with the other Members of the Council, and also a casting vote if upon any question the votes shall be equal.

XXXV. The Governor may, with the advice of the Council, from time to time make, alter, revoke, or renew such Standing Rules and Orders as may be necessary to ensure punctuality of attendance of the Members of the said Council, and to prevent meetings of the said Council being holden without convenient notice to the several Members thereof, and to maintain order and method in the despatch of business and in the conduct of debates in the said Council, and to secure due deliberation in the passing of Ordinances, and to provide that before the passing of any Ordinance intended to affect the interests of private persons due notice of the provisions thereof is given to all persons concerned therein.

All such Rules and Orders, not being repugnant to any Letters Patent for the time being in force in the Colony, or to any Order of His Majesty in Council or to any Instructions which the Governor may receive from His Majesty, shall at all times be followed and observed and shall be binding upon the said Council unless the same or any of them shall be disallowed by His Majesty.

And until any such Rules and Orders shall be made, and subject to any Rules and Orders to be so made, the Standing Rules and Orders